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THE PEOPLE v. WAITKUS

No. 37934.

30 Ill.2d 335 (1964)

196 N.E.2d 668

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ADOLPH J. WAITKUS, Appellant.

Supreme Court of Illinois.

Rehearing denied March 16, 1964.

Attorney(s) appearing for the Case

JACOB SHAMBERG and JAY ERENS, both of Chicago, for appellant.

DANIEL P. WARD, State's Attorney, of Chicago, (EDWARD J. HLADIS and JOSEPH V. RODDY, Assistant State's Attorneys, of counsel,) for the People.

Decree reversed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

This is an appeal from a decree of the superior court of Cook County in favor of plaintiff perpetually enjoining defendant from obstructing a strip or road which plaintiff alleged to be a public highway under the statutes of Illinois on the basis that said road had been in general use by the public as a public highway for more than 15 years...

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